Reasonable suspicion

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Reasonable Suspicion Training
Jenna Reed
Director of Human Resource Development Services

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Purpose of a Drug and Alcohol
Free Workplace and Reasonable
Suspicion Training
Legal Compliance
Promote and Achieve Safe Workplace
Minimize Liability
Assure Consistent Policy Enforcement and Documentation
Protect Employees
Reduce Expenses

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Who Is Impacted? Everyone!
Covering or redoing another employee’s work
Increased injuries –40% of workplace fatalities and 47% of workplace injuries are linked
to alcohol use
Increased absences and tardiness –likely to have skipped more than two workdays in the
past month
Lack of employee stability
Low employee morale
Increased workers’ compensation claims
Increased medical insurance costs
Puts themselves and others in danger

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Workers ages 18-25 have the highest rate of substance abuse
32% of workers stated a co-workers drug/alcohol use affected their job performance
19.7 million Americans used illicit drugs in the last month
2/3 of drug abusers are employed; 3/4 of drug abusers work full time
3.1% of workers reported using illicit drugs before/during work at least once in the last
year
Drugs & Alcohol in the Workplace

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1.8% of workers consumed alcohol before work and 7.1% consumed during the workday.
Alcohol is the most widely abused drug. Approximately 13 million of working adults are
full time heavy drinkers.
Highest rates of use and abuse were reported in food related services, construction workers,
service occupations, and transportation and material moving workers.
Marijuana is the most commonly used illicit drug.
More 18-25 year olds were first time prescription drug abusers than first time marijuana
users.
Drugs & Alcohol in the Workplace

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Use of illicit drugs by Oregonians is higher than the national average.
Heroin is the most common drug related to death.
Meth related deaths have increased 45% in the last year.
Multnomah, Marion, and Lane counties have the highest number of drug related deaths.
Marijuana and meth are the most abused drugs in Oregon.
Approximately 10% of Oregonians ages 12 and older have used illicit drugs in the past
month.
Abuse of prescription medications has dramatically increased.
Drugs & Alcohol in the Workplace-
OREGON

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Assess problem situations to detect possible drug and alcohol problems
Take appropriate action to handle problems promptly and avoid escalation
Follow through on action taken to ensure solutions are consistently implemented
Your Role

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Observe and document specific behaviors and physical and job performance indicators.
Identify short and long term indicators.
If possible, get agreement of another supervisor or manager; notify HR.
Prepare for and confront employee and stop employee from performing duties when
observations warrant reasonable suspicion testing.
Arrange for testing and transport to and from facility.
General Steps

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Complete Reasonable Suspicion Testing Form and other company documentations if not
already completed:
− Physical indicators
− Job performance indicators
− Specific behaviors
− Date, time and course of events
− Review of company policy
− Review of testing procedures
− Discussion of consequences
− Employee explanation
− Signatures
Test is conducted.
Positive results are forwarded to medical review officer, and employee is contacted for
explanation. If results are negative, tests are forwarded back to company.
Determine and proceed with appropriate disciplinary action, if necessary.
General Steps

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Increased or unexplained absences, continual excuses.
Extended rest and meal periods.
Lack of concentration; unwilling or unable to follow directions.
Decreased productivity.
Inability to get along with co-workers and frequent disruptions.
Increased mistakes, accidents, injuries.
Change in attitude and/or Social withdrawal.
Disregard for safety; taking unnecessary risks.
Unreliable; often away from assigned job.
Making unbelievable excuses; blaming others.
Observe Performance Indicators

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Drug paraphernalia (roach clips, bent/burnt spoons, razor blades, straws)
Odor from illegal drugs (i.e., marijuana smoke)
Specific observations of use
Observe other Indicators

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Disease
Indicators
Uses to relieve tension
Physical tolerance increases
Memory problems
Lies about use
Impact
90% efficiency
75% efficiency
Signs
Performance
−more mistakes
−misses deadlines
Attendance
−absent
−late
General Behavior
−overreacts to criticism
−complains about being ill
−lies
−can’t get along with others
This person uses to regulate behavior, emotions and generally can still regulate their use. This person typically begins
to experience negative consequences of their use.
Effects of Drug and Alcohol
Abuse –Early Phase

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Effects of Drug and Alcohol
Abuse –Middle Phase
Disease
Indicators
Impact Signs
Sneaks use
Feels guilty about use
Tremors
Depression
Warnings at work
Lifestyle changes
Performance
−difficulty concentrating
Attendance
−more days off for vague
reasons
General Behavior
−undependable
−exaggerates
−unreasonable resentment
−blames others
Loss of interest
Family problems
Financial problems
Wages Garnished
Health deteriorates
50% efficiency −lack of accountability
This person has an increased tolerance and reliance on the substance. Lifestyle begins
to revolve around the substance.

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Disease
Indicators
Impact Signs
Avoids discussion
about disease/problem
Attempts to control use
fail
Neglects food
Isolation
Disciplinary action
Final warnings at
work/termination
Performance
−far below what’s expected
Attendance
−frequently off
General Behavior
−aggressive
−belligerent
−physical deterioration
−disconnect with ethical
values
Other (normal) activities
Interfere with use
Trouble with Police
30% efficiency
Serious family problems
Serious financial
problems
−uses on the job
Effects of Drug and Alcohol
Abuse –Late Phase
Blames people & things
for their problems
−no improvement
−discipline/discharge
−prolonged/unpredictable
absences

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Lack of Coordination
Constricted Pupils
Bloodshot / Watery Eyes
Sleepy
Aggressive / Antagonistic
Slurred Speech
Slow Reaction Rate
Odor
Loss of Inhibitions
Observe Physical Indicators

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Reddened / Bloodshot Eyes
Diminished Concentration
Impaired Vision
Slowed Speech
Fatigue
Cough / Sore Throat
Pungent Aroma
Forgetfulness
Physical Indicators of Marijuana

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Talkative
Confusion
Sweating and Shaking
Aggressive and Restless
Dilated Pupils
Impulsive
Loss of Appetite and Loss of Sleep
Difficulty concentrating or increased ability to concentrate
Physical Indicators of Amphetamines

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Short high and euphoria
Talkative
Mood / Energy Swings
Dry Mouth
Diminished Concentration
Dilated Pupils and/or Impaired Vision
Runny / Irritated Nose
Frequent / Extended Absences
Respiratory Problems
Anxious and Irritable
Physical Indicators of Cocaine

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Low / Raspy Speech
Mood Swings
Fatigue / Drowsiness
Impaired Coordination
Dry Mouth
Constricted Pupils
“Tracks”
Nausea / Vomiting
Short Euphoria and/or Dreamlike State
Pain Suppression
Physical Indicators of Opiates

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Impaired Coordination
Extreme Mood Swings
Violent / Combative
Agitation
Dizziness and/or Sweating
Jerky Eye Movement
Hallucinations
Extreme Physical and Mental Reactions
Disorientation
Lack of Sensory Perception
Physical Indicators of PCP

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Documenting Specific Observable
Behaviors and Worker Performance
Document specific observable behaviors, as well as physical and job performance
indicators.
You need more than an inarticulable hunch:
−specific observable behaviors
−physical indicators
−job performance indicators
−contemporaneous observation
Get agreement from another supervisor or manager.

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Also document:
−Any employee explanation
−Date, time and course of events
−Review of company policy
−Discussion of consequences
−Review of testing procedures
Review other personnel records:
−Attendance
−Disciplinary
−Performance
Documenting Specific Observable
Behaviors and Worker Performance

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“This person looks like they’re drunk or on drugs” –NOT SPECIFIC
John came in 30 minutes late this morning. When he arrived he look
disheveled, had bloodshot eyes and was slurring his speech. When I asked
him why he was late he said he got caught in traffic. The smell of alcohol
was on his breath. -SPECIFIC
Documenting Specific Observable
Behaviors and Worker Performance

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Observable Behaviors Checklist

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Confronting an Employee
Stick to the facts –Base your conversation on what you have seen, smelled or
heard. Be specific. You need more than an inarticulable hunch.
−One or more supervisors agree to
•Specific observable behaviors (physical and job performance indicators)
Observations must be made close in time of the decision to test.
Keep it private; maintain confidentiality.
Use your documentation to discuss your specific observations.
Review company policy and procedures.

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Confronting an Employee
Show concern and listen carefully and respectfully
−Repeat observations if necessary
−Emphasize your company’s policies
−Discuss testing process, including consequences of refusing to take the test and possible
outcomes and consequences
−Make expectations and consequences clear
−Prepare for voluntary disclosure
Refer to testing
Document the meeting

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If The Employee is Being:
Defensive or denies your comments
−Don’t get defensive back
−Stay focused on the facts and what you’ve documented
Won’t stop talking and making excuses
−Interrupt and let the employee there will be time from them to tell their side of the story
Starts crying
−Acknowledge that this can be emotional and allow them time to get composed
Becomes uncooperative
−Acknowledge their frustration but stay on track and explain their options

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Reasonable Suspicion Scenarios
SCENARIO 1: There are enough short-term or long-term indicators to show
reasonable cause for drug and alcohol testing:
STEP 1: Check the list of short-term and long-term indicators and document what you
have specifically observed. Do not rely on what others have told you.
STEP 2: Get a second opinion from another supervisor or from Human Resources that
indicators are reasonable cause.
STEP 3: Prepare yourself to approach the employee.

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SCENARIO 1: There are enough short-term or long-term indicators to show reasonable cause
for drug and alcohol testing:
STEP 4: Take the employee to a private location.
Specifically state what you have observed (you need more than an inarticulate hunch). Use your
documentation to explain your observations.
Give the employee the chance to respond to your observations.
Review your company policy.
Advise the employee that he/she has two choices:
−Go immediately for testing
−Voluntarily resign from employment
Reasonable Suspicion Scenarios

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SCENARIO 1: There are enough short-term or long-term indicators to show reasonable cause for
drug and alcohol testing:
STEP 5: Take action according to the employee’s choice.
If employee chooses testing:
−Explain the testing process in general
−Advise the employee that he/she is suspended immediately until test results are back.
−Arrange for transportation (employee should never drive on their own)
−Document that the employee went for testing on the “Reasonable Cause Observation
Checklist” and send to HR for the file.
−Contact HR for follow up instructions.
If employee chooses a voluntary resignation:
−Process normal paperwork for termination of employment.
−Document the employee’s choice on the “Reasonable Cause Observation Checklist” and
send to HR for the file.
Reasonable Suspicion Scenarios

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Reasonable Suspicion Scenarios
SCENARIO 2: There are NOT enough short-term or long-term indicators to show reasonable cause
for drug and alcohol testing, but the supervisor/manager suspects drugs and/or alcohol are being
used during working hours:
STEP 1: Check the list of short-term and long-term indicators and document what you have specifically
observed. Do not rely on what others have told you.
STEP 2: Prepare yourself to approach the employee.
STEP 3: Take the employee to a private location.
Specifically state what you have observed (you need more than an inarticulate hunch). Use your
documentation to explain your observations.
Give the employee the chance to respond to your observations.
Remind the employee about the Drug and Alcohol Policy and advise him/her that, if violation of the
policy occurs at any time, the result will be disciplinary action up to and including termination of
employment.
STEP 4: Document the discussion on the “Reasonable Cause Observation Checklist” and send to HR for
the file.

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Reasonable Suspicion Scenarios
SCENARIO 3: Employees are seen engaging in drug or alcohol activity in the
workplace:
STEP 1: Check the list of short-term and long-term indicators and document what you have
specifically observed. Do not rely on what others have told you.
STEP 2: Get a second opinion from another supervisor or from Human Resources that
indicators are reasonable cause.
STEP 3: Prepare yourself to approach the employee.

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Reasonable Suspicion Scenarios
SCENARIO 3: Employees are seen engaging in drug or alcohol activity in the workplace:
STEP 4: Take the employee to a private location.
State that you have observed indicators which appear to be direct violations of the Company Drug and
Alcohol Policy.
Read the list of indicators.
Give the employee the chance to respond to your observations.
Review the Company policy.
Advise the employee that he/she is suspended immediately pending an investigation of the
circumstances.
Advise the employee that he/she will be contacted when the investigation is completed.
Advise the employee that if no violation is found, the suspension will be paid and he/she may return to
work. If a violation is found, employment will be terminated.

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SCENARIO 3: Employees are seen engaging in drug or alcohol activity in the
workplace:
STEP 5: Document the observations and discussion on the “Reasonable Cause
Observation Checklist” and send to HR for the file.
STEP 6: Contact HR for investigation and follow-up.
Reasonable Suspicion Scenarios

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CEA Drug and Alcohol Sample Policy

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Testing Process
Review company policy and testing procedures. Document that you did this.
Do NOT allow the employee to drive on their own. A supervisor or manager must transport
the employee to the testing facility. Arrange for transportation home as well.
The employee should not be left alone at the testing facility, nor should the employee ever
be out of sight.
Company policy should address consequences if the employee refuses to take the test or if
they cannot produce a sample.
Employees should be given notice of the test results and an opportunity to explain positive
results with a medical review officer.
If the company allows a second test, this should also be discussed.
Results will be reported to the designated employer representative.

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Documentation
−Reasonable Suspicion Form
−Document behaviors or admissions
−Obtain signatures
Post Test Process

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Consequences of Failed Test
Return to Work
Last Chance Agreement
EAP Referral
Other Disciplinary Action
−Leave
−Transfer
−Suspension
−Termination
If employee returns to work, continue to monitor and document behaviors and other
indicators.

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Employee may have used an adulterant
Employee may not have had enough in their system for detection
Behavior may not be the result of drug use
Address performance issues and state expectations
Consider fitness for duty referral
Continue to monitor and document
Monitor other employees to minimize gossip and retaliation
If Results Are Negative

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Not consistently following and enforcing the company’s policy
Letting employee drive on their own
Basing reasonable suspicion on hearsay
Inappropriate testing procedures
Failing to maintain confidentiality
Common Mistakes

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THANK YOU